Resolution 11.15.23
Zoning Board of Appeals – Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Area Variance Resolution To: Approve
Applicant Name: David R. White, Trustee
File Number: AV 44-2023
Location: 5 Wild Turkey Lane
Tax Map Number: 239.15-1-4
ZBA Meeting Date: November 15, 2023
The Zoning Board of Appeals of the Town of Queensbury has received an application from David R. White.
Applicant proposes to construct a raised walkway of 124 sq. ft. and a paver access walk of 175 sq. ft. The
walkway will be connected to the second-floor addition previously approved. The existing home of 1,575 sq. ft.,
431 sq. ft. porch area, 4,096 sq. ft. hard surfacing, and 452 sq. ft. detached garage to remain with no changes.
Site Plan for expansion of nonconforming structure. Relief requested for setbacks.
The applicant requests relief for setbacks for the construction of a raised walkway. The project is located at 5
Wild Turkey Lane on a 0.83 ac parcel in the Waterfront Residential zone.
Section 179-3-040 dimensional
The new raised walkway is to be 62.2 ft. from the shoreline where a 75 ft. setback is required.
SEQR Type II – no further review required;
A public hearing was advertised and held on November 15, 2023.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties
as this kind of blends into the overall area.
2. Feasible alternatives have been considered by the Board. They’re reasonable and have been included to
minimize the request.
3. The requested variance is not substantial. It’s a good adjunct for the inclement bad weather.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
5. Although we could suggest that the alleged difficulty is self-created.
Relief Required:
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) the resulting detriment to the health, safety and welfare of the neighborhood or
community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE NO. 44-
2023, Introduced by Ronald Kuhl, who moved for its adoption, seconded by John Henkel:
Duly adopted this 15th Day of November 2023 by the following vote:
AYES: Mr. Urrico, Mr. Cipperly, Mr. Underwood, Mr. Kuhl, Mr. Henkel, Mr. Keenan, Mr. McCabe
NOES: NONE